Officer forced to withdraw I-485

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rchauhan

New Member
I need your opinion urgently as i got an inteview letter to see immigration officer in my city. During the interview, i was advised to withdraw my application due to 8 CFR 103.2(6). Officer told me that there was no visa available when you filed I-485 and even she showed me the visa bulletin hard copy. So, does it make sense to you that we need to see that we have visas available on the date of filing?
Has anyone heard about it or I am the first one to face this?

Please help and let me know, if you have any suggestions for me.
 
rchauhan said:
I need your opinion urgently as i got an inteview letter to see immigration officer in my city. During the interview, i was advised to withdraw my application due to 8 CFR 103.2(6). Officer told me that there was no visa available when you filed I-485 and even she showed me the visa bulletin hard copy. So, does it make sense to you that we need to see that we have visas available on the date of filing?
Has anyone heard about it or I am the first one to face this?

Please help and let me know, if you have any suggestions for me.
Click to expand...

How could you file I-485 if PD for you was not current when you sent your I-485? If PD was not current then USCIS was supposed to send back your I-485 petition as you were not eligible to file on that date. You need to post you full details to understand your case.
 
Case filed on july 16, 2007
Priority date - Aug. 23, 2002
Interview date - 07/01/2009

PD was current at that time of filing. Attorney did check everything before filing.
 
rchauhan said:
Case filed on july 16, 2007
Priority date - Aug. 23, 2002
Interview date - 07/01/2009

PD was current at that time of filing. Attorney did check everything before filing.
Click to expand...

You can look at the archived visa bulletin yourself. It looks like in July 2007 every category was current except "Other workers". So maybe you should print that bulletin out and try to contact the immi officer again and show it to him.

During July-Aug 2007 the categories were all brought up to current ( I don't think that ever happenned before or after this time; it was a first) so that people can apply their AOS. I heard a lot of cases were dissmised for being filed during that time because some USCIS officers are not familiar with the whole thing. Anyway the cases were rejected by mistake, because first of all the I-485 wouldn't have made it so far and would have been rejected right after receival if visa numbers were unavailable or not current
They don't deny I-485 for unavailable visa, they just reject it right after receival so you can re-file later when PD is current
 
rchauhan said:
Case filed on july 16, 2007
Priority date - Aug. 23, 2002
Interview date - 07/01/2009

PD was current at that time of filing. Attorney did check everything before filing.
Click to expand...

It is the day when the USCIS received your I485 and printed in your receipt. This date should be when PD was current and has nothing to do with filling I140 date, mailing date of the I485 or paying attorney fees .....etc. Do not forget that at that time thousands if not millions of applications received by the USCIS and the lag between mailing and receiving date is very variable to the extent that you may send two applications in the same package and each application has different receive date.
 
Folks,
Reciept date - 16 July 2007
Category - EB3 skilled workers

Now when this was filed - June visa bulletin number 106 showed that everything was current and attorney filed it when he saw everything current.
Now July visa bulletin 107 had this category as current too.
So, my question is - when USCIS recieves application so which visa bulletin they refer to?
How come an attorney do this kind of mistake?
I am still confused by this act after long wait..........
Any other guidelines here.......

Thanks
 
rchauhan said:
Now when this was filed - June visa bulletin number 106 showed that everything was current and attorney filed it when he saw everything current.
Now July visa bulletin 107 had this category as current too.
Click to expand...
Remember there was a fiasco where they made everything current for July, then everything unavailable, and after an uproar they made it all current again.

So, my question is - when USCIS recieves application so which visa bulletin they refer to?
How come an attorney do this kind of mistake?
Click to expand...
The attorney didn't make a mistake, your interviewer made the mistake. Your PD was current in July 2007, because all of EB3 was current in July 2007 except "other workers". I hope you didn't withdraw your I-485 yet.
 
Well, i was given a choice - either your I-485 will be denied right a way or withdraw it right now.....
So, attorney advised for withdrawal and i had to do it to avoid deportation etc.

I looked around - i don't think, there is a way to go back now.......:mad:
Is there anyone else who faced this kind of situation?
 
If they have a reason to deny it, you should have let them go ahead and deny it, don't withdraw it yourself. Then you can appeal or file a Motion to Reopen.

Did you think anything would be better if you withdraw than if they deny it? If you withdraw, that doesn't make anything better; withdrawal makes you deportable anyway. Unless you have another status like H1 or L1.

Maybe you can get a Motion to Reopen now, stating the wrong advice the interviewing officer gave you. Dump that stupid attorney who advised you to withdraw.

When did you file the withdrawal? Maybe they haven't processed the withdrawal yet and you can do something fast to save your case before they kill it.
 
Last edited by a moderator:
rchauhan
File MOTR (I-290B) on your I-485 providing copy of visa bulletin 106 & 107. Probably immigration officer is unaware of visa bulletin fiasco. Now if you dont have any visa or status to fall on, then you are out of status. It is better for you if you file MOTR. You might also have to emphasize that based on incorrect advise of immigration officer you were forced to withdraw where in fact this should not suppose the case to be
 
rchauhan said:
I need your opinion urgently as i got an inteview letter to see immigration officer in my city. During the interview, i was advised to withdraw my application due to 8 CFR 103.2(6). Officer told me that there was no visa available when you filed I-485 and even she showed me the visa bulletin hard copy. So, does it make sense to you that we need to see that we have visas available on the date of filing?
Has anyone heard about it or I am the first one to face this?

Please help and let me know, if you have any suggestions for me.
Click to expand...

Hi, I am in the same boat, could you tell me what happened then?
 
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